Ohio § 723.121

§ 723.121.

The legislative authority of any municipal corporation may convey the fee simple estate

or any lesser estate or interest in, or permit the use of, for such period as it shall

determine, any lands owned by such municipal corporation and acquired or used for

public highways, streets, avenues, sidewalks, public grounds, bridges, aqueducts,

and viaducts, or in connection with any such purposes or as incidental to the acquisition

of land for any of such purposes, provided that it shall determine, and enter its

determination in the minutes of its proceedings, that the property or interest so

to be conveyed or be permitted to be used is not needed by the municipal corporation

for any of such purposes.  Such conveyance or permit to use may be to the grantee or permittee or to the grantee

or permittee and his or its successors and assigns and shall be of such portion of

such lands as such legislative authority determines, which shall be described in the

deed or other instrument of conveyance and in any permit to use, and may include or

be limited to areas or space on, above, or below the surface, and may include the

grant of easements or other interests in any such lands not so conveyed or made subject

to a permit to use, for use by the grantee for buildings or structures or other uses

and purposes, and for the support of buildings or structures constructed or to be

constructed in or on the lands, areas, or space conveyed or made subject to a permit

to use. Whenever pursuant to this section separate units of property are created in any lands,

each unit shall for all purposes constitute real property and shall be deemed real

estate within the meaning of all provisions of the Revised Code and shall be deemed

to be a separate parcel for all purposes of taxation and assessment of real property

and no other unit or other part of such lands shall be charged with the payment of

such taxes and assessments. With respect to any of such property not owned in fee simple by the municipal corporation,

the legislative authority thereof may grant the right to use any portion thereof in

perpetuity or for such period of time as it shall specify, including areas or space

on, above, or beneath the surface, together with rights for the support of buildings

or structures constructed or to be constructed thereon or therein, provided that it

shall determine, and enter its determination on the minutes of its proceedings, that

the property made subject to a permit to use is not needed by the municipal corporation

for any of such purposes. The legislative authority of such municipal corporation shall require, as either a

condition precedent or a condition subsequent to any conveyance or grant or permit

to use, that the plans and specifications for all such buildings or structures and

the contemplated use thereof, be approved by the municipal corporation as not interfering

with its use for its purposes of any such property and not unduly endangering the

public, and may require such indemnity agreements in favor of the municipal corporation

and the public as are lawful and as shall be deemed necessary by it.  The municipal corporation shall not unreasonably withhold approval of such plans,

specifications, and contemplated use. All such conveyances or grants or permits to use shall be made with competitive bidding

as required by section 721.03 of the Revised Code , except that competitive bidding shall not be required if such conveyance, grant,

or permit to use is to be made to the United States of America or this state, or any

political subdivision, taxing district, department, commission, board, institution,

authority, or other agency of either. In any case where any municipal corporation has acquired or acquires easements in

or permits to use areas or space on, above, or below the surface for any purpose,

the legislative authority thereof is authorized to extinguish them in whole or in

part or subordinate them to uses by others, provided that it shall determine, and

enter its determination on the minutes of its proceedings, that the easements or permits

to use so extinguished or subordinated are not needed for municipal purposes. No conveyance, easement, lease, permit, or other instrument executed pursuant to the

authorization given by this section shall prejudice any right, title, or interest

in any lands affected thereby which at the date thereof existed in any person, firm,

or corporation, other than the municipal corporation which makes such conveyance,

grants such right, or executes such instrument and other than members of the general

public having no specific rights in said lands, unless such right, title, or interest

was expressly subject to the right of the municipal corporation to make such conveyance,

grant such right, or execute such instrument and unless said municipal corporation

by such instrument expressly exercises such right, nor shall any public utility be

required to move or relocate any of its facilities that may be located in or on the

areas described in any such conveyance, easement, lease, permit, or other instrument.